At return at 10:26, Judge Walton is denying a request from the
jury to enter Schmall's annotated table of contents into
evidence, as it is not relevant to either side's case. A modified
version of the document, stripped of classified information, has
already been admitted.

This is resulting in a lengthy back-and-forth with the defense
insisting that it should be entered into evidence because it goes
directly to Schmall's credibility. The government contends that
it is merely a back door way of getting in to the "memory
defense," which they are not legally permitted to do unless Libby
testifies. It strikes me as obvious that the reason the defense
wants to emphasize the document is, in fact, to point out how
people's memories of important things diminishes over time.

At 11:17, the judge instructed the jury that the questions about
the content of the memo by Mr. Klein during cross-x are not
evidence, only the responses by Mr. Schmall.

Walton also asked a question from a juror: "What do you mean when
you say `independent recollection.'" "Yes sir. That's
recollection without reference to notes I have written."

Another question from a juror: "Who wrote the notes on the
documents." "That was my handwriting, sir."

Another question about what the "T" annotation meant. It referred
to a tasker. The "T" visible on the memo in question was in
reference to a redacted item, not the Wilson matter. "There are a
lot of questions that I'm asked that I don't put into a formal
tasker."

Walton (juror question). What do you mean "independent
recollection." what's your understanding of what you say. A
recollection w/o the benefit of looking at notes I may have
written.

Walton. TOC June 2003-who would have written it?

Schmall That was my handwriting.

Walton June 14 2003-there was no T on it. What does the T
represent?

S to represent a tasking.

Walton You did not put a T on it

S Not in reference to that-it referred to something that was
redacted.

Walton Does the absence of a T have significance?

S there are a lot of questions asked that I don't put into a
formal tasking.

Walton that entry why did you put that there.

S I would have written a question down of something I didn't have
an answer to. If I get a question I don't know the answer to,
I'll write it down. I wasn't able to answer it, but we didn't
consider it a formal tasking.

Walton You indicated in ref to Libby having concerns about CIA
people revealing info on briefing. You said he was irritated.

After a recess, Judge Walton notes that there is no dispute that
the NIE had been declassified before Libby disclosed it on July
8, 2003 to Andrea Mitchell of NBC News -- although Ms. Martin was
unaware of that at the time. He also confirms with Martin that
she knew and conveyed that Valerie Plame worked with CIA and was
an agent.

Regarding the NIE and her Andrea Mitchell call. She (Martin)
always advocated declassifying the NIE, but was a a bit concerned
when Cheney told her to go with it in her call, since she was
still under the impression that it was classified. The judge
asked her about that, and what (if any) action she took on that
concern. She noted that she didn't take any further action
"because the Vice President of the United States told me to say
it."

July 8, 2003 - No dispute that certain portions had been
declasified, but Martin didn't know that.

Libby/Cooper call - In same room, on another call. Did you ever
ask him what he said while you were on the other call? No.

Walton-a juror question: In reference to call between Libby and
Mitchell, you indicated some concerns about NIE being revealed.
Can you tell us what your concerns were?

M I thought the NIE was classified, and we shouldn't talk about
it.

Walton, did you do anything, inform anyone about that.

M I was still not clear what it mean when VP says, "you can say
this." I was still urging them to declassify it and disclose it
to the public.

Walton, if you had concerns, why didn't you take action?

M BC VP of US had told me to say it, I didn't know where I was
going to go. [she had this snitty tone, as if to say 'what are
you, kidding? he's the VP']

Walton, in reference to the questions I was asking the witness,
There is no dispute between the parties that on July 8 2003, that
certain portions of the NIE had been declassified although Ms.
Martin had not been made aware of the declassification.

Walton, in reference to the discussion that Libby had to Cooper
at Andrews AFB, you indicated that certain portions of that
conversation you didn't hear bc you were on another telephone
call, you were in the same room, but on a call. Did you ever ask
him what he said to Cooper while you were on the other telephone.

M No.

Walton When you discussed your first telephone call with Mr.
Harlow. How did you describe Ms. Wilson's employement

M I believe I said, former Ambassador Joe Wilson his wife worked
over there, I didn't say she was an agent, but I wrote it in my
notes.

Walton you didn't say that

M No.

Walton Was it unusual not to involve the communicators when
responses being made to inquiries by the press. Did you have
concerns about communicators not being included. [damn good
question, juror!!]

M I was concerend about DC. I wasn't aware about what was going
on on the Plane, I was concerned that we couldn't advise them
about this matter.

Walton refers to an exhibit, asks why Hadley and Scooter got
crossed off of her notes. I was thinking about who could be
"actors," crossed that out then wrote "messengers," then I
crossed out Hadley and Scooter I thought they weren't the
appropriate Admin people, we needed to have, not the deputies,
not the number 2s we needed the number 1.

Walton do you believe reporters got stories wrong and ommitted
critical facts. What would you do?

M reporters often get things incorrect. You have to make a
judgment call to decide whether you're going to confront the
reporter, whether you're going to ask for a correction. We often
have back and forth, they don't want to do corrections because
they believe they were right. In some cases I feel that it would
be productive. In some cases I won, In some cases I lost. I guess
in reference to Kristof, if you don't have relationship and I
didn't have a relationship and it was a columnist who tended to
not agree with us, to be a little more aggressive to us, you
might aggravate and create another story by calling them on it.

Judge Walton then asks why Fleischer didn't say anything about
Valerie Plame at a press gaggle on July 12, 2003. Fleischer says
again that he just didn't think it was so important at that time
-- more important was explaining that the President had not
intentionally misled the public. Walton asks if Fleischer had
ever thought the Plame information was classified, given that
Libby had told him it weas "hush-hush." He says he never heard
that phrase before -- and whenever anyone told him something
classified, they informed him ahead of time that it was so.

Walton: [re juror questions] Some of the questions you have
submitted would call for this witness to speculate.

Walton: At the gaggle with Dr. Rice, why did you at that time on
July 12, why didn't you say anuthing about Wilson?

Fl I didn't think much that I had been provided at that lunch,
after I saw that CBS report, what struck me was that could be
that people believed Wilson's report, if they thought the VP knew
about it they might think the Pres knew it. So I thought I'd try
this.

Sidebar again.

Ari smiling at someone. Now looking toward sidebar.

In answer to Richmond-Ari is quite poised. Until Jeffress asked
about that roundtable that was objected out. And my use of "shiv"
is my own word. Fleischer didn't use it.

Walton: How many reporters were at the gaggle that Rice was at?

Fl 8 reporters 4-5 cameramen and photographers.

Walton As PS, did you think it proper to ask Mr Libby if what he
told you was classified, given that he told you it was hush hush.

Fl I never heard those words hush hush QT used before WRT
national security. I never thought I should. I wish I had. The
procedure is very strict, any time anyone from national security
would say to me something was classified, it always began, "this
is classified." The procedure is strict.

P You testified that you believed that the name Plame or Plamay
was used. What makes you think it was used?

Walton Can you provide clarification why sometimes request for
documentations was sent to Libby, and why, sometimes, it was not.

A I have to make a judgment who might have responsive documents.
The first one was very broad. For some of the later requests,
such as originals of Scooter Libby's documents, I' don't have to
send them to the guys in the motor pool. There were a few
requests for particular things, so I could go to the person who
had that particular set of records.

Walton Are you familiar with practice of witnesses as far as
reviewing information before they testify in criminal matter.

A If attorneys have access to records, they will review them.

Walton are you familiar to the practice of witnesses preparing
for testimony

Following a ten-minute recess, the Judge asks Miller questions
from the jury. First, why didn't she contact Libby for a waiver
earlier?

Good question.

Miller says it was because she did not yet have an agreement with
Fitzgerald that questioning would be limited to one
source--Libby.

Why did she makes the decision to go to jail?

"Because all of my reporting depending on people being able to
trust me," she says. "I felt as a professional, as an ethical
matter, I had no choice, just trying to do the right thing vis a
vis my sources. It was too important..."

Have you ever had previous memory losses such as this in your
career?

"Yes," says Miller. She gives an example from preparing her last
book. Her notes corrected her memory--she had misremembered it,
and from that time on tried to be very careful taking notes.

Any agreement with Libby that might have been considered a quid
pro quo?

No, other than the way he was to be identified. "He didn't ask me
to do anything in exchange," she says.

M BC I was afraid of fishing expedition. It was only after I had
both things.

Walton If you had had his personal waiver immediately, would you
have testified

M I still needed agreement that it would be this one source on
this subject. As soon as I got both, I went to testify.

Walton. Why did you make decision to go to jail.

M BC all of my reporting depended on my ability to protect
sources. Until I had something written from Libby, not something
his boss asked him to sign, I felt that as a professional matter,
it was all I could do. I wasn't trying to be a martyr. You can't
operate that way in DC, it was too important in national security
reporting.

Walton Have you ever had memory losses like the memory loss you
said you had with LIbby.

M When I was preparing my last book, there was an incident. I
went back and found out the story was very different. I'd
actually misremembered it. From taht time, I've been careful
about notes, trying to be careful.

Walton Did you make agreement with Libby regarding sharing of
info that might be a quid pro quo.

M No, only the way in which he was to be identified. There was no
quid pro quo.

Walton. The notes that you found after you were asked to look for
notes. Where did yo locate those.

M Right under my desk at NYT in shopping bag.

Walton IS that where you kept your notes.

M That's where I kept notes for a relevant period of time before
I went to jail.

Walton is taht your standard method of archiving.

M I meant to archive them. I assumed I'd have time to take the
notebooks home for safekeeping. That's why they were there. But
the marshalls took me away right away.

Walton: One of the questions I'm not going to be able to ask, if
I don't ask, don't speculate about what response would have been.

Walton: did you ever investigate by whom and why those documents
were forged.

MC I think others did. I never looked into Niger forgery question
in any detail. I cover WH this sort of had more to do with
Italian embassy. For whatever reason it fell out of my purview.

Walton during the conversaton with Dickerson, did he relay any
information to you that he had received over there.

MC Yes

Walton Did you think about substance of conversation with Libby
before subpoena

MC No, I focused on it well before subpoena, once to write war on
wilson question mark piece, and once when the disclosure of this
CIA agent became a big deal, I had many conversations to reflect
on my conversations with Libby and others.

Approach.

Walton The response that characterized Ms Wilson as CIA agent,
you'll have to discount that, it's not an issue in this case,
therefore you can't speculate about that.

Walton regarding 7/11/2003 email from you to Duffy one of the
lines indicated Rove/P&C,

MC privileged and confidential. I thought it'd keep him from
forwarding that to others.

Walton TB

MC A reference to Timothy Burger, the correspondant for handling
intelligence issues.

Judge Walton (JW): (to jury) Several of the questions you've
submitted I can't ask. Please note that in these cases, you
shouldn't speculate to yourself about the answer, nor should you
discuss it with your fellow jurors.

JW: (to Bond) Why didn't you write down the comments by Mr.
Libby's lawyer in October 2003 that Libby hadn't had enough time
to review documents?

Walton: Did you discuss the information from Armitage with anyone
other than Karl Rove?

Novak: Yes, your honor.

Walton: Who is that?

Novak: Says he spoke to a spokesman for the CIA.

Wells also asked Novak whether he shared a draft of his column on
July 11 with lobbyist Rick Hohlt, whom Novak identified as a
close friend. Wells said that he talked to Holt almost every day.
Wells asked whether Novak considered Holt "a gossip." Novak said
that Hohlt talks to a lot of people.

Walton: Without relating what someone would have said in response
to what you said. Did you, once you learned about Wilson's wife
and the fact that she worked at the CIA, did you discuss it with
anyone prior to your article.

Novak: yes, I spoke to Bill Harlow.

Fitz-just the names.

Walton: Harlow

RN Spokesman for CIA. I testified that I might have asked Libby
about, but I don't have a clear recollection bc I don't have a
clear response.

Walton Aside from Libby's difficulty with memory did it lead him
to have concerns about his effectiveness?

Hannah Never

Walton When Libby had memory lapses, what was done to trigger
recall of things discussed

Hannah He was quite good at remembering ideas and concepts, very
bad at figuring out where they came from, how they came to him.

Walton Would Libby deny that you had informed him of these things

Hannah Never

Hannah This was a fairly regular pattern with Scooter. He was
good at remembering his own arguments, key points, key factual
points that he would want to make, he was good at keeping his
arguments organized.

Hannah As I said, this period since 9/11 has been particularly
intense for any relative period of American foreign policy, that
period was particularly intense because of initiative in Iraq,
liberation of Iraq and aftermath of that, having that many
American forces in that country. Particularly fast moving period
of time for top govt officials. More intense period in always
intense environment

Walton How would you compare intensity with your responsibilities
at this time [It is the year of Iran]

Hannah IN some ways there were such major questions of security,
and the situation was so new still in a sense that I'm not sure
in the 15 or 16 months taht we've experienced anything quite like
that. Iraq was sort of on a course [to hell] There have been a
lot of adjustments to that course. Nothing quite like that period
of intensity. Together with everything else in the region. A
little bit unique, at a higher intensity than I'm forced to deal
with

Walton Sec Issues every shortchanged by Libby bc of schedule

Hannah That woudl be unfair criticism. Anybody who worked at
these kinds of levels, to get through inbox is a real luxury, to
stay ahead of the curve, I'd say he managed as well not only in
Nat Sec affairs, as well as any other boss I've worked for